quired for productive employment; and

(b) To ensure that those programs are relevant to the labor market needs and accessible to all segments of the population, including women, minorities, handicapped individuals, individuals with limited English proficiency, workers fifty-five and older, and economically disadvantaged individuals. (Authority: Sec. 321(b); 20 U.S.C. 2371(b))

§ 401.75 What activities does the Secretary support under the Adult Training, Retraining, and Employment Development Program?

The State shall conduct, in accordance with its State plan, and from its allotment for this program, the following adult training, retraining, and employment development projects, services, and activities:

(a) Vocational education and employment development projects, services, and activities that are authorized under the basic State grant and are designed to meet the needs of

(1) Individuals who have graduated from or left high school and who need additional vocational education for entry into the labor force;

(2) Unemployed individuals who require training to obtain employment or increase their employability;

(3) Employed individuals who require retraining to retain their jobs, or who need training to upgrade their skills to qualify for higher paid or more dependable employment;

(4) Displaced homemakers and single heads of households who are entering or re-entering the labor force;

(5) Employers who require assistance in training individuals for new employment opportunities or in retraining employees in new skills required by changes in technology, products, or processes; and

(6) Workers fifty-five and older.

(b) Short term retraining projects designed to upgrade or update skills in accordance with changed work requirements.

(c) Education and training projects designed cooperatively with employers, such as

(1) Institutional and work-site programs, including apprenticeship train

(i) For workers in new and expanding industries; or

(ii) To place workers in jobs that are difficult to fill because of a shortage of workers with the requisite skills.

(d) In order to serve more effectively the individuals described in paragraph (a) of this section, build more effective linkages between

(1) Vocational education programs and private sector employers, through a variety of programs including programs in which secondary school students are employed on a part-time basis as registered apprentices, with a transition to full-time apprenticeships upon graduation; and

(2) Eligible recipients and economic development agencies and other public and private agencies providing job training and employment services.

(e) Cooperative education programs, between public and private sector employers and economic development agencies, including seminars in institutional or work-site settings designed to improve management and increase productivity.

(f) Entrepreneurship training programs that assist individuals in the establishment, management, and operation of small business enterprises.

(g) Recruitment, job search assistance, counseling, remedial services, and information and outreach programs designed to encourage and assist males and females to take advantage of vocational education programs and services, with particular attention to reaching women, older workers, individuals with limited English proficiency, handicapped individuals, and disadvantaged individuals.

(h) Curriculum development, acquisition of instructional equipment and materials, personnel training, pilot projects, and additional, related services and activities required to carry

§ 401.76 What activities does the Secretary support under the Comprehensive Career Guidance and Counseling Program?

(a) The State shall conduct, in accordance with its State plan and from its allotment for this program, career guidance and counseling projects, services, and activities that are—

(1) Organized and administered by certified counselors; and

(2) Designed to improve, expand, and extend career guidance and counseling programs to meet the career development, vocational education, and employment needs of vocational education students and potential students.

(b) The purposes of the projects, services, and activities described in paragraph (a) of this section must be to

(1) Assist individuals to

(i) Acquire self-assessment, career planning, career decisionmaking, and employability skills;

(ii) Make the transition from education and training to work;

(iii) Maintain the marketability of their current job skills in established occupations;

(iv) Develop new skills to move away from declining occupational fields and enter new and emerging fields in hightechnology areas and fields experiencing skill shortages;

(v) Develop mid-career job search skills and to clarify career goals; and

(vi) Obtain and use information on financial assistance for postsecondary and vocational education and job training; and

(2)(i) Encourage the elimination of sex, age, handicapping conditions, and race bias and stereotyping;

(ii) Provide for community outreach;

(iii) Enlist the collaboration of the family, the community, business, industry, and labor; and

(iv) Be accessible to all segments of the population, including women, minorities, handicapped individuals, and the economically disadvantaged.

(c) The projects, services, and activities described in paragraph (a) of this section must consist of

(1) Instructional activities and other services at all educational levels to help students develop the skills described in paragraph (b)(1) of this section;

(2) Services and activities designed to ensure the quality and effectiveness of career guidance and conseling projects, such as

(i) Counselor education, including the education of counselors working with individuals with limited English proficiency;

(ii) Training support personnel; (iii) Curriculum development; (iv) Research and demonstration projects;

(v) Experimental projects;

(vi) The development of instructional materials;

(vii) The acquisition of equipment; (viii) State and local leadership; and (ix) State and local administration, including supervision, subject § 401.93(b);

to

(3) Projects that provide opportunities for counselors to obtain firsthand experience in business and industry; and

(4) Projects that provide students with an opportunity to become acquainted with business, industry, the labor market, and training opportunities, including secondary educational programs that

(i) Have at least one characteristic of an apprenticeable occupation as recognized by the Department of Labor or the State Apprenticeship Agency, in accordance with the National Apprenticeship Act;

(ii) Are conducted in concert with local business, industry, labor, and other appropriate apprenticeship training entities; and

(iii) Are designed to prepare participants for an apprenticeable occupation or provide information concerning

apprenticeable occupations and their prerequisites.

(Authority: Sec. 332 (a), (b); 20 U.S.C. 2382 (a), (b))

§ 401.77 What are the purposes of the Industry-Education Partnership for Training in High-Technology Occupations Program?

The purposes of the Industry-Education Partnership for Training in HighTechnology Occupations Program are

to

(a) Provide incentives for business and industry and the vocational education community to develop programs to train the skilled workers needed to produce, install, operate, and maintain high-technology equipment, systems, and processes; and

(b) Ensure that those programs are relevant to the labor market and accessible to all segments of the population, including women, minorities, handicapped individuals, and economically disadvantaged individuals.

(Authority: Sec. 341(b); 20 U.S.C. 2391(b))

§ 401.78 What activities does the Secretary support under the Industry-Education Partnership for Training in High-Technology Occupations Program?

The State shall, in accordance with the State plan, under § 401.19(a) (20) through (22), and from its allotment for this program, establish and operate projects, services, and activities including

(a) Necessary administrative costs of the State board and of eligible recipients associated with the establishment and operation of projects;

(b) Training and retraining of instructional and guidance personnel;

(c) Curriculum development and the development or acquisition of instructional and guidance equipment and materials;

(d) The acquisition and operation of communications, telecommunications, and other high-technology equipment; and

(e) Other activities authorized under the Special Programs that are essential to the successful establishment and operation of projects, services and activities under the Industry-Education Partnership for Training in High

Technology Occupations Program, including activities and related services to ensure access of women, minorities, handicapped individuals, and economically disadvantaged individuals. (Authority: Sec. 343(a); 20 U.S.C. 2393(a))

§ 401.79 What are the special considerations under the Industry-Education Partnership for Training in High-Technology Occupations Programs?

The State board, in approving projects, services, and activities under the Industry-Education Partnership for Training in High-Technology Occupations Program, shall give special consideration to the following:

(a) The level and degree of business and industry participation in the development and operation of the project.

(b) The current and projected demand within the State or relevant labor market area for workers with the level and type of skills the project is designed to produce.

(c) The overall quality of the proposal, with particular emphasis on the probability that prospective trainees will successfully complete the program and the capability of the eligible recipient, with assistance from participating business or industry, to provide high quality training for skilled workers and technicians in high technology.

(d) The commitment to serve all segments of the population, including women, minorities, handicapped individuals, and economically disadvantaged individuals, as demonstrated by the applicant's special efforts to provide outreach, information, and counseling, and by the provision of remedial instruction and other assistance. (Authority: Sec. 343(b); 20 U.S.C. 2393(b)) [50 FR 33235, Aug. 16, 1985; 50 FR 38802, Sept. 25, 1985]

§ 401.80 What additional fiscal requirements apply to the Industry-Education Partnership for Training in High-Technology Occupations Programs? (a)(1) The business and industrial share of the costs required by § 401.19(a)(21) may be in the form of either expenditures or the fair market

and

value of in-kind contributions such as facilities, overhead, personnel, equipment.

(2) The State shall use equal amounts from its allotment under this program and from its basic State grant allotment to provide the Federal share of the cost of projects services and activities under this program.

(3) If an eligible recipient demonstrates, to the satisfaction of the State board, that it is incapable of providing all or a part of the non-Federal portion of the costs of projects, services, and activities under this program, as required by §§ 401.19(a) (20) through (22) and 401.78, the State board may use funds under the Vocational Education Improvement, Innovation, and Expansion Program, authorized by § 401.59, or funds available from State sources, to replace the shortfall in the non-Federal portion.

(b) A State may use no more than a total of ten percent of its allotment under this program for the first year this program is implemented, and a total of five percent of its allotment for each succeeding year, for the administration of this program by both the State and eligible recipients. (Authority: Secs. 342(c), 343(c); 20 U.S.C. 2392(c), 2393(c))

Subpart G-What Conditions Must the State Meet Under the State Vocational Education Program?

§ 401.90 How does a State reserve funds under the basic State grant?

From its allotment under the basic State grant program, authorized by Title II of the Act, a State shall re

serve

(a) The amount of funds for State administration described in § 401.91;

and

(b) From the remainder

(1) Fifty-seven percent for the Vocational Education Opportunities Program; and

(2) Forty-three percent for the Vocational Education Improvement, Innovation, and Expansion Program.

(Authority: Sec. 102(a); 20 U.S.C. 2312(a))

§ 401.91 How does a State reserve funds under the basic State grant for State administration?

(a) A State shall reserve no more than seven percent of its allotment, subject to paragraph (b) of this section, under the basic State grant program for State administration of the State plan.

(b)(1) From the amount reserved for State administration under paragraph (a) of this section, a State shall reserve the amount it needs to comply with § 401.13, but not less than $60,000.

(2) If the amount reserved under paragraph (b)(1) of this section exceeds one percent of the State's allotment under the basic State grant program, a State may reserve from that allotment an additional amount for State administration which is in excess of the seven percent permitted under paragraph (a) of this section and which equals the amount of that

excess.

(c) For the purpose of § 401.19(a)(4), regarding the requirement that a State distribute at least eighty percent of its total basic State grant allotment to eligible recipients, a State shall consider the funds for State administration under paragraphs (a) and (b) of this section as part of the State's portion (the portion that may not exceed twenty percent) of the State's allotment.

Example: The allotment of State X under the basic State grant program is $20,000,000. State X determines that $220,000 is needed for it to comply with § 401.13. State X is authorized to reserve seven percent of its basic State grant allotment, or $1,400,000, for State administration. However, because the amount needed to comply with § 401.13 exceeds one percent of its allotment by $20,000, State X may reserve an additional $20,000 for State administration. (For example, this additional $20,000 may be taken from the funds otherwise reserved for the Vocational Education Improvement, Innovation, and Expansion Program.) Therefore, the total amount available for State administration is $1,420,000. Assuming the State reserves twenty percent of its allotment for State-wide activities under § 401.19(a)(4), or $4,000,000, the State must count the $1,420,000 for State administration against that $4,000,000.

§ 401.92 How does a State reserve funds under the Vocational Education Opportunities Program?

From the amount reserved for the Vocational Education Opportunities Program under § 401.90(b)(1), a State shall reserve the following amounts

(a) Ten percent of the total amount described in § 401.90(b) for handicapped individuals;

(b) Twenty-two percent of the total amount described in § 401.90(b) for disadvantaged individuals;

(c) Twelve percent of the total amount described in § 401.90(b) for adults who are in need of training and retraining;

(d) Eight and one-half percent of the total amount described in § 401.90(b) for individuals who are single parents or homemakers;

(e) Three and one-half percent of the total amount described in § 401.90(b) for individuals who are participants in programs designed to eliminate sex bias and stereotyping in vocational education; and

(f) One percent of the total amount described in § 401.90(b) for criminal offenders who are in correctional institutions.

Example: Assuming the same facts in the example under § 401.91, State X has available for programs $18,580,000 under the basic State grant after reserving $1,420,000 for State administration. Of this $18,580,000, $7,989,400 ($18,580,000×43%) is reserved for the Vocational Education Improvement, Innovation, and Expansion Program and $10,590,600 ($18,580,000 × 57%) for the Vocational Education Opportunities Program. Under the latter program, $1,858,000 ($18,580,000 × 10%) is reserved for handicapped individuals; $4,087,600 ($18,580,000×22%) is reserved for disadvanindividuals; $2,229,600 ($18,580,000×12%) is reserved for adults who are in need of training and retraining; $1,579,300 ($18,580,000×8.5%) is reserved for individuals who are single parents and homemakers; $650,300 ($18,580,000×3.5%) is reserved for individuals who are participating in programs designed to eliminate sex bias and sex stereotyping in vocational education; and $185,800 ($18,580,000 × 1%) is re

taged

served for criminal offenders who are in correctional institutions.

(Authority: Sec. 202; 20 U.S.C. 2332)

§ 401.93 What are the administrative cost requirements under the State Vocational Education Program?

(a) Basic State grant. To administer

(1) Its State plan, including Special Programs, a State shall use the amount reserved under § 401.91; and

(2) Its projects, services, and activities under the basic State grant, an eligible recipient may use no more than the amount of funds from each award that is necessary and reasonable for the proper and efficient administration of the projects, services, and activities for which the award is made.

(b) Special Programs. To administer

(1) Each of the Special Programs under its State plan (other than the Industry-Education Partnership for Training in High-Technology Occupations Program) a State may use, in addition to funds reserved under § 401.91, no more than the amount of funds from its allotment for each program that is necessary and reasonable for the proper and efficient State administration of that program; and

(2) Its projects, services, and activities supported by an award under one of the Special Programs, other than the Industry-Education Partnership for Training in High-Technology Occupations Program, an eligible recipient may use no more than the amount of funds that is necessary and reasonable for the proper and efficient administration of the projects, services, and activities for which the award is made.

(Authority: Sec. 102(b), Title II, Title III, Sec. 502(a)(1), (2); 20 U.S.C. 2312(b), 23312342, 2351-2393, 2462(a)(1), (2))

§ 401.94 What are the cost-sharing requirements under the State Vocational Education Program?

(a) The Secretary pays no more than the Federal share of costs under the State Vocational Education Program for each fiscal year.

(b) For the purpose of paragraph (a) of this section